عنوان مقاله [English]
نویسنده [English]چکیده [English]
The absent missing is a legal term which has been used by the legislator in the Civil Law and the Non-Litigious Matters Act. The subject of the divorce of absent missing person's wife has been discussed by jurists in the condition of the payment of the maintenance or non-payment of it. We could generalize the sanction of it even in the condition of the payment of the maintenance because of the tradition in the case at hand. If we do not believe in this, the inaccessibility to any sign of this husband and his absence as well as the impossibility of acquitting his duties and the subsequent troubles of it could make the subject of her right of divorce indispensable because of "Hardship". This article intends to reveal this matter that if the sentence of divorce in this issue after submitting the plea and before the completion of the four year period is possible and coincides with Islamic law with studying the jurisprudence and the opinions of jurists.